Under Investigation & Notice

[Confidential]

Hi there,

Please can I ask for some help. I am interviewing for a new job and believe to be offered one shortly.

My employers are not aware of this.

Today I have been placed on 5 days leave pending investigation. The investigation is due to an external complaint who was a service user of the organisation that I work for.

If I was to resign due to being offered a new position where would this leave me? Would the investigation continue or cease and would my new employer be made aware of it when then request references?

Thank you for your help

[stevemLS]

Re: Under Investigation & Notice

It would be entirely up to your current employer whether they continued with the investigation.

If it was a safeguarding issue, they probably would.

Equally, there is nothing to prevent them saying that you resigned during the course of an investigation but before it had been concluded. Very often now employers will only confirm basic details of employment but provided it is factual they can include other information.

[Johnboy007]

Re: Under Investigation & Notice

Hi,
If you leave before any outcome of the investigation, your employer should not mention it in any reference.
An investigation into any allegation can only be concluded by the presence of two parties.
StevenLS, stated there is nothing to prevent them saying that you resigned during the course of an investigation but before it had been concluded is not quite correct, in that an employer doesn't have to give a reference, but if he does, it must be truthful.
The inference that you resigned because of an investigation, is an inference of guilt and is therefore untruthful.

[stevemLS]

Re: Under Investigation & Notice

Yet again you and I disagree John:tung:

An allegation had been made, an investigation was underway, OP left, all truthful and so can be included in a reference.

If this is a health/social care context (which is an assumption on my part due to use of terminology of service user) then many employers in that field would consider themselves under a duty to do so.

[Johnboy007]

Re: Under Investigation & Notice

Yet again you and I disagree John:tung:

An allegation had been made, an investigation was underway, OP left, all truthful and so can be included in a reference.

If this is a health/social care context (which is an assumption on my part due to use of terminology of service user) then many employers in that field would consider themselves under a duty to do so.

The employer could not state an allegation has been made, without having completed any investigation.
If the employee is totally innocent of any allegation, then the inference of an allegation and investigation, could and probably would, seriously damage his chances of employment.
But it is sometimes healthy to agree to disagree

[Confidential]

Re: Under Investigation & Notice

Hello,

Thank you both for your information. The sector is Education.

The allegation is from a parent of a pupil who has now left the School due to reaching school leaving age and for no other reason.

The pupil is unaware of the allegation and as this is a false allegation would not support it. My potential employer is in a different sector (recruitment) but it is education recruitment.

I hope this helps clear up the disagreement! Thank you again it's good to not feel alone.

[leclerc]

Re: Under Investigation & Notice

if you're in education does the one month's notice apply or is it one term's notice that applies?(am trying to clarity notice periods)?

As has been said above, they can proceed with and investigation and sack you/clear you but only within the notice period. Once you've gone then the employer is presumed to have accepted your resignation and so the investigation is over. Obviously with it being education and providing the allegations are not a police matter then I doubt the new employer needs to know.

[stevemLS]

Re: Under Investigation & Notice

I think you will have to clarify the nature of your existing role and of the allegation.

As I said, if it is safeguarding, it will not necessarily end if you have gone.

[Johnboy007]

Re: Under Investigation & Notice

We still have the issue of 'Innocent until proven guilty' here.
If the pupil concerned will not, or cannot support the allegation, then there is no case to answer.
You cannot 'black mark' someone on just an allegation.
So the employer cannot mention any investigation, unless proven, in any reference.
If he does, and it results in the employee not getting employment, then he can be sued for damages.